BATAVIA, NY-- A father who slapped his son, then threw him to the ground at Walmart in Batavia earlier this year, will be headed to jail.

Christopher Cummings, 28, was sentenced to 180 days in jail by a judge on Tuesday. Cummings had agreed to a plea deal that had originally kept him out of jail, but that was contingent on him staying out of trouble. Cumming has since had two arrests.

The judge also ordered a three-year protection order for the child.

The child, Cummings seven-year-old son, was taken to the hospital to be checked out. He was not hurt.

Police say tips from the public and surveillance video helped them catch him after he left the store.

The child, Cummings seven-year-old son, was taken to the hospital to be checked out. He was not hurt.

Police say tips from the public and surveillance video helped them catch him after he left the store.